Potential Impact of the Final Stark and Anti-Kickback Rules…If They Go into Effect
The Governance Institue published an article explaining why governing boards may want to engage with legal counsel and others on the executive team to understand how the Final Rule would impact their organization’s operations.
In late 2020, as part of a flurry of regulatory activity billed as the “Regulatory Sprint to Coordinated Care,” the Trump Administration issued comprehensive final rules governing the physician self-referral law (Stark Law) and the Anti-Kickback Statute and related civil monetary penalty laws (AKS Laws) (collectively, the Final Rule).1 The Final Rule, which is sweeping in scope, has been widely hailed as advancing value-based care and related innovations in healthcare delivery such as patient engagement and support arrangements and participation in government-sponsored models and ACO arrangements. Moreover, the Final Rule makes a number of modifications to existing regulatory provisions that would create greater flexibility for healthcare organizations in a variety of arrangements, including those between healthcare entities and physicians.
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